Employers must protect their workers and take the following steps to ensure their safety.
Under the OSHA regulations, employers are required to provide appropriate safety equipment and gear to prevent falls and other accidents. In general industry, fall protection must be provided at 4 feet elevations, and in shipyards, fall protection must be provided at 5 feet elevations. Fall protection must be provided at 6 feet at construction sites.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees.
Proper fall protection can include adequate and properly constructed guardrails or scaffolding. But some types of jobs are not conducive to guardrails or scaffolding including roofing and framing. In these jobs, the required type of fall protection is called a “personal fall arrest system”. This fall protection system is composed of a harness, lanyard, rope and hard point for connection. Without providing ALL components of the harness fall protection system, workers will not be properly protected from a fall! An example of a worker wearing a harness-type fall protection system is above.
On many worksites and construction sites, general contractors can be held responsible for ignoring the fact that trade subcontractors (such as roofers and framers) are not providing fall protection to their workers or failing to carry out fall protection training responsibilities. The Construction Accident Attorneys at Miller Weisbrod has a long history of holding general contractors responsible when a worker is injured due to the lack of fall protection or lack of proper fall protection training.
A general contractor ignored its own requirements for safety training of a subcontractor workforce. As a result, Our client never received training in how to properly use his fall protection equipment. Our client fell two stories and hit the ground because the equipment was hooked up improperly. He was left paralyzed. When the general contractor refused to tender their insurance limits, Clay Miller tried the case to a Dallas County jury in October 2017, and obtained a verdict of $26,500,000, including $15,000,000 of punitive damages.
Common Injuries from Falls:- Traumatic brain injuries
- Spinal cord injuries
- Fractures
- Amputation
- Severe burns, abrasions, or electrocutions
- Permanent disabilities
- Death
These injuries often have devastating effects on injured victims and their families. Victims may face substantial medical expenses and a costly and time-consuming recovery.
Employers in the construction industry often violate several of OSHA’s safety requirements designed to prevent workplace accidents. Lack of protection against falls is the most frequently cited OSHA violation while failing to provide general requirements for scaffolding is the third most frequent violation reported.
Common Causes of Falls:
- Lack of safety equipment – Employers are often required to use fall protection systems, guardrails, covers and other systems to prevent falls on site
- Lack of safety training – Employers are required to train employees about known job hazards and about how to operate safety equipment properly
- Dangerous working conditions – Employees who work under dangerous conditions such as unprotected sides of a building, on scaffolding in disrepair or around worksite debris have a high risk of being injured on the job
Employers are responsible for providing provide fall protection systems and ensuring that walking and working surfaces have the strength and structural integrity to support workers before any employees work on these surfaces.
OSHA Fall Safety Standards:
Unprotected Sides and Leading Edges
OSHA requires the use of guardrail systems, safety net systems or personal fall arrest systems if there is an unprotected side or leading edge with a drop of more than six feet or more.
Hoist Areas
Employees who work in a hoist area are to be protected from falling six feet or more by using a guardrail or personal fall arrest system.
Holes
Covers, guardrail systems or personal fall arrest systems are to be used to protect workers from falling through holes or skylights that are six feet or more above lower levels.
Excavation
Employees at the edge of an excavation site that is six feet or more in depth must be provided with a fence, barricade or guardrail system if the excavation site is not obvious.
Dangerous Equipment
Guardrail systems or equipment guards must be erected to prevent an employee from falling onto dangerous equipment that is less than six feet below him or her.
If you or someone you love suffered a fall injury at a construction site, do not hesitate to contact the Dallas Construction Accident Attorneys of Miller Weisbrod. Call our offices in Dallas at 214.987.0005 or toll free at 888.987.0005 for a free consultation. You may also contact us by filling out the form on this page for answers to your important questions or to schedule an appointment.
